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Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

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On what legal grounds do you think such felony conviction can be overturned?

Customer:

Sir, I really don't know. I am not good with any sort of legal stuff. I am asking for someone I love dearly who I believe was innocent of these crimes

Customer:

*is innocent

Alex J. Esq. :

Did this person appeal his/her conviction and are all appeals exhausted at this time?

Customer:

No he didn't and I really don't know :( I don't know how to go about any of this

Customer:

I believe he was convicted in 1994, I'm afraid too much time has passed

Alex J. Esq. :

Unfortunately, beliefs are never enough when it comes to setting aside a criminal felony conviction and the only exception if the convicted person can present compelling evidence of his/her innocence, which would have been impossible to obtain during the trial.

Well, does the offender have any new DNA evidence or some other compelling evidence that would prove his innocense?

Alex J. Esq. :

innocence*?

Customer:

According to him there was no DNA evidence? I don't know how that works, but he believes the kids were coached. How we could prove that, I do not know

Alex J. Esq. :

Unfortunately, it would generally not be possible to do anything about a conviction that took place 20 years ago, without some compelling evidence which were not available at the time the trial took place.

Alex J. Esq. :

The legal system does not take personal "beliefs" into account or consider such as evidence.

Customer:

Ok. Thank you very much for your help!

Alex J. Esq. :

I am sorry to give you this bad news.

Alex J. Esq. :

I know this might not be an answer you were hoping to hear, but please understand that I do have professional obligation to provide JustAnswer.com customers with correct answers, even when an answer is not favorable to the customer.

I wish you the best of luck and please let me know if you have any related follow up questions.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).